Welcome to MarketSpace (market.space), which is owned and operated by MarketSpace Technologies Inc., a Delaware corporation ("MarketSpace", "we" or "us"). The following terms and conditions (“Terms”) apply to your use of any and all MarketSpace applications or services, whether delivered through web, mobile, API, text, email, telephone, chat or any other means (collectively, the "Services").Acceptance
Please review our Data Use Policy to understand our practices relating to collection and use of data in the course of your use of the Services.
We assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). If you use your mobile device to access our Site or use our Services, you understand that you are responsible for any fees that your mobile service provider charges for data or SMS services. In addition, you must provide and are responsible for all equipment necessary to access our Services.Account Security
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.No Transfer
Ownership of Data
When you submit any kind of information, feedback or suggestions to us, you irrevocably grant, transfer and convey to us all right, title and interest in and to the materials so provided, including any related intellectual property rights. You agree we have the unlimited and unconditional right to distribute, exploit and use such material in perpetuity, anywhere and everywhere in the world, in any media and by any means now known or hereafter devised. We will have the right to use, store, market, promote, edit, incorporate, distribute, reproduce, display, perform, transmit, advertise, re-use, re-distribute, and re-transmit such material in any way we see fit without any payment or other obligation to you. No rights are granted to you hereunder other than as expressly set forth herein.
The MarketSpace name, logo and other verbal and visual collateral are our service marks or registered service marks or trademarks. Other products and company names mentioned on the Site may be trademarks of their respective owners. MarketSpace's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits MarketSpace. All other trademarks not owned by MarketSpace or its subsidiaries that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by MarketSpace or its subsidiaries.
No Liability for Errors
Under no circumstance shall MarketSpace be liable for any content that may appear in the Services, including, but not limited to, any errors or omissions in any content, any summarization, visualization or categorization of content, any delay in delivery of content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through our Services. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
You may request removal of your account, any associated email address and access to our Services by submitting a removal request to us.
We may, without prior notice or cause, immediately delete, limit your access to or suspend your account and access to our Services. Cause for such action shall include, but not be limited to, any breaches or violations of the Agreement or the Site Policies or other agreements or guidelines on the Site, requests by law enforcement or other government agencies, discontinuance or material modification to the Service (or any part thereof), unexpected technical or security issues or problems, extended periods of inactivity, your engagement in fraudulent or illegal activities, and/or nonpayment of any fees owed by you in connection with our Services. All deletions, limitations of access and account suspensions shall be made at our sole discretion and we are not liable to you or any third party for the deletion of your account or access to our Services.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MARKETSPACE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MARKETSPACE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MARKETSPACE DOES NOT WARRANT THAT THE SERVICES, MARKETSPACE SERVERS, OR E-MAIL SENT FROM MARKETSPACE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETSPACE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE SERVICES, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES OF THE SITE, (C) YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.
THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES, OR THE PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE SERVICES OR ANY PRODUCTS OR SERVICES PURCHASED USING THE SITE MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms.
By using the Services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern the these Terms and any dispute of any sort that arises between you and MarketSpace or its affiliates relating to the Services.
When you use our website or applications, or send e-mails to us, you are communicating with us electronically. You acknowledge that you can access information that is provided electronically, and you consent to receive communications from us electronically (email or posting notices within the Services). You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The language in these Terms must be interpreted as to its fair meaning and not strictly for or against any party. These Terms and any content provided by you in connection with the Services may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of these Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of any commercial relationship between you and MarketSpace.
We collect personal and activity data, which may be linked.
We use technologies like cookies (small files stored on your browser), web beacons, or unique device identifiers to identify your computer or device so we can deliver a better experience. Our systems also log information like your browser, operating system and IP address.
We also may collect personally identifiable information that you provide to us, such as your name, address, phone number or email address. With your permission, we may also access other personal information on your device, such as your phone book, calendar or messages, in order to provide services to you. If authorized by you, we may also access profile and other information from services like Facebook.Our systems may associate this personal information with your activities in the course of providing service to you (such as pages you view or things you click on or search for).
We do not knowingly contact or collect personal information from children under 13. If you believe we have inadvertently collected such information, please contact us so we can promptly obtain parental consent or remove the information.We do not access your precise location.
740 Front St.
Santa Cruz, CA 95060
California residents are legally entitled (at no charge and no more than once annually) to request information about how we may have shared your information with others for direct marketing purposes. We do not share personal information for such purposes.
Service providers access data on our behalf.
In order to serve you, we may share your personal and anonymous information with other companies, including vendors and contractors. Their use of information is limited to these purposes, and subject to agreements that require them to keep the information confidential. Our vendors provide assurance that they take reasonable steps to safeguard the data they hold on our behalf, although data security cannot be guaranteed.
We take steps to protect personal information.
We take reasonable steps to secure your personally identifiable information against unauthorized access or disclosure. We encrypt transmission of data on pages where you provide payment information. However, no security or encryption method can be guaranteed to protect information from hackers or human error.
Information we collect may be stored or processed on computers located in any country where we do business.Special situations may require disclosure of your data.
We will keep you up to date on changes in this policy.